BILL NUMBER: AB 2408	CHAPTERED  09/19/00

	CHAPTER   530
	FILED WITH SECRETARY OF STATE   SEPTEMBER 19, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 18, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	AMENDED IN SENATE   AUGUST 29, 2000
	AMENDED IN SENATE   AUGUST 28, 2000
	AMENDED IN SENATE   AUGUST 9, 2000
	AMENDED IN SENATE   JULY 6, 2000
	AMENDED IN SENATE   JUNE 20, 2000
	AMENDED IN ASSEMBLY   MAY 26, 2000
	AMENDED IN ASSEMBLY   APRIL 6, 2000

INTRODUCED BY   Assembly Member Firebaugh

                        FEBRUARY 24, 2000

   An act to add Section 17070.71 to the Education Code, relating to
school facilities, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2408, Firebaugh.  School facilities.
   Existing law, the Leroy F. Greene School Facilities Act of 1998,
requires a school district to which funding is made available under
that act to hold title to all property acquired, constructed, or
improved with those funds, including any leasehold interest if the
project qualified for and received approval by the board prior to
November 4, 1998.
   This bill would authorize new construction or modernization on
real property leased to a school district if certain conditions are
met.
   The bill would declare that it is to take effect immediately as an
urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 17070.71 is added to the Education Code,  to
read:
   17070.71.  (a) Notwithstanding subdivision (a) of Section
17070.70, new construction or modernization funded pursuant to this
chapter may be upon real property leased to the applicant school
district if all of the following conditions are met:
   (1) The property is leased from another governmental entity.
   (2) The term of the lease is for at least 40 years after approval
of the project under this chapter, or the school district has a lease
for at least 25 years on federal property.  The board may authorize
a lesser term, of not less than 30 years only if the board finds that
granting an exception to this requirement would be in the state's
best interest.
   (b) The applicant school district, and the facility on leased
land, if any, shall comply with all laws pertaining to the
construction, reconstruction, or alteration of, or addition to,
schoolsites and school buildings.
   (c) Lease costs are not eligible project or site acquisition costs
under this chapter.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   To expedite new construction or modernization of school facilities
on leased property, it is necessary that this act take effect
immediately as an urgency statute.
